Service and Execution of Process Regulations (Amendment) (Cth)

Statutory Rules 1997No. 250 1

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Service and Execution of Process Regulations2 (Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901, make the following Regulations under the Service and Execution of Process Act 1992.

Dated 17 September 1997.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

DARYL WILLIAMS

Attorney-General and Minister for Justice

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1.   Commencement

1.1 These Regulations commence on the day on which items 4, 5, and 9 to 16, of Schedule 14 of the Law and Justice Legislation Amendment Act 1997 commence.

2.   Amendment

2.1   The Service and Execution of Process Regulations are amended as set out in these Regulations.

3.   New regulation 6

3.1   After regulation 5, insert:

Definition of “enforcement officer”—section 110 of the Act

 “6. (1) For paragraph (b) of the definition of ‘enforcement officer’ in subsection 110 (1) of the Act, New South Wales, Victoria, South Australia and the Australian Capital Territory are prescribed.

 “(2) For paragraph (c) of the definition of ‘enforcement officer’ in subsection 110 (1) of the Act, the Australian Capital Territory is prescribed.”.

4.   Schedule 1 (Forms)

4.1   Form 1:

Footnote 6:

Omit the footnote, substitute:

“6If the issuing court has allowed a shorter period than 21 days for filing an appearance, substitute that shorter period and disregard the next paragraph.

If the law of the State or Territory of issue would allow a longer period than 21 days for filing an appearance in the case of service within the State or Territory, substitute that longer period. If that law would allow different periods for service within the State or Territory, depending on the place of service, and at least one of those periods would be longer than 21 days, substitute the longest of those periods.

NB: This note is a summary, for guidance only, of subsections 17 (1) and (1A) of the Act. The applicable period under those provisions must be stated.”.

4.2   Form 7:

Omit “To all members of the Police Force of”, substitute “To all enforcement officers of”.

4.3   Form 7:

Before clause (1), insert:

“[NOTE:  An enforcement officer includes a police officer and may also include the Sheriff, a Sheriff’s officer or a bailiff, depending on the State or Territory.]”.

4.4   Form 8:

Omit “To all members of the Police Force of”, substitute “To all enforcement officers of”.

4.5   Form 8:

Before clause (1), insert:

“[NOTE:  An enforcement officer includes a police officer and may also include the Sheriff, a Sheriff’s officer or a bailiff, depending on the State or Territory.]”.

4.6   Form 8:

After clause (6):

Omit “You, the members of that Police Force,”, substitute:

“You, the enforcement officers of [State or Territory in which the person is to be committed to prison],”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 24 September 1997.

2. Statutory Rules 1993 No. 43 as amended by 1993 No. 63; 1994 No. 420.